Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-12-07
THE POTOMAC FLATS.
Report Of District Attorney WOrthins-
ton.

PROGRESS OF THE PROCEEDING PROVIDED FOR BY THE
ACT OF CONGRESS OF AUGUST D. 1856, TO ESTABLISH
THE GOVERNMENT TITLE TO THE LAND.
on the subject OF the suit as to the Potomac flats
the report OF Acknowledgement Garland says that
the suit directed by the act Of Congress approved
August s. 1856 entitled San act to provide for pro-
tecting the interests OF the United states In the
Potomac flats, In the District Of Columbia" has
been begun, and is being prosecuted with all due
diligence. For full Information as TO the status OF
the case and the probability OF its early determi
nation the Attorney General submits as q part OF
this report the letter OF Mr. Worthington, attorney
OF the United States for the District OF Columbia.
This letter OF District Attorney Worthington re-
ferred to was dated November l5 last, and
states:
''That the bill was filed on the equity side OF the
supreme Court OF the District November 26, 1856,
and that with II was filed map showing the area,
as defined and declared by the Honorable Secre-
tary OF War, affected by the improvements under
ms charge; and that In response TO subpPnaS and
10 u order OF publication passed by the court 80
an wers have been filed on behalf OF about l4S de-
tendants, composed OF corporations. frms, and In,
States.
"The proceeding provided for by the act of
August D, 1886, was a novel one, and questions OF
law arose In the preliminary stages OF the case;
some OF the defendants filed cross-bills and sought
10 compel the Government to answer them; Others,
after the close OF the testimony the part OF the
Goyernment-in-chief,f filed motions 10 dismiss
based upon the theory that the proof was INSULT
Client, &c All these questions were decided by the
court In General Term or at the special
term against the defendants, and the position Of
the counsel for the United States In regard to them
sustained.
THE claims set up by the various answers may
be divided into four classes: /. Those arising
under the Kidwell patent, and these cover the
20 acres granted by the patent and upward OF
$50 acres OF accretion thereto 2. The claim OF
the Marshall heirs to the ownership OF all the
area covered by the improvements and involving
practically a claim rch In In f,aan a
tire bed or the Potomac River from shore to Shore
The source OF this claim is an early grant from the
crown OF England Tor the northern neck OF Viz
gfnia,' including the land between the Potomac
and Rappahannock Rivers together with the
rivers themselves &C. 3. The claim OF the
chesapeake and ohio Canal Company Of con-
tinuing right 10 use the Potomac River and the
full natural flow OF the water thereof and all the
riparian rights to 1t belonging as the owner OF
ground bordering on or In the Potomac River
within the entire geographical limits defined by
the charter OF the Potomac Company and the
Ohio Canal Company is the assignee OF the Po-
tomac Company, which was Incorporated by
the states OF Maryland and Virginia, shortly
after the close OF the Revolutionary War,
navigation of the Potomac River 4. The claims
OF those owning or Claiming TO own lands In the
city along or near the river shore TO wharveS and
riparian rights.
latter the settlement Of the preliminary ques-
lions OF law above referred to the testimony OF a
mentary evidence introduced to sustain the allie
cation OF the bill in regard to the invadity OF the
kdwell patent, and this branch OF the is sub
stantially closed on both sides. We are now en-
gagged In taking testimony on the part OF the claim
ants falling within the fourth class, and as the
Government Will, in regard to these defendants,
among other things, claim the right to show a
better title outstanding in persons who have not
interviewed than has been made out or shown ON
the part OF those who have, whenever It can be
done, a careful examination of the respective
titles OF these several claimants is thus rendered
necessary and Is being made. The taking OF this
testimony is being pushed with all convenient
speed.
"An inspection Of the answers filed will show
that practically the title to every foot OF land along
the Potomac River front OF Washington from
Easby's Point TO Greenleaf Point Is In contro-
versy, as well as the right OF land owners along
that front (even In cases where street interveneS
between the land and the river TO build wharves
to the channel When to this Is added the con-
troversy over the Ktdwell patent, and the de-
mands Of those claiming to be his grantees for
value without notice OF defect in the patent, and
the litigation as TO the rights OF the Chesapeake
and Ohio Canal Company, 1t will be seen that an
immense amount Of evidence must be taken before
the case can be submitted to the court. do not
see how the taking OF the evidence can be COM
peted before February. But should say that 1t Is
likely that the case will be submitted to the
supreme Court OF the United States during its
present term"